Volume Issue Spring A publication of the Training Technical

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							                                                                                                     Pennsylvania Coalition Against Rape
     Volume 3, Issue 2                                                                                     125 North Enola Drive
        Spring 2006                                                                                           Enola, PA 17025
       A publication of the                                                                    Phone: (717) 728-9740 / Toll free: (800) 692-7445
Training & Technical Assistance                                                                    Fax: (717) 909-5864 or (717) 728-9781
          Department                                                                                     w w w . p c a r . o r g




                                              AVOIDING ISSUES OF TAINT
         Technical Assistance Bulletin
                                               WITH THE CHILD CLIENT
                                         Overview

                                         Providing services to children poses unique challenges, especially when the
                                         case against the perpetrator is proceeding through the criminal justice
                                         system. This system, by its very nature, is not child-friendly. The stakes are
                                         high because the court often must determine guilt or innocence on testimony
                                         alone. In this environment, the neutrality of the counselor/advocate's communication with the child may be
                                         challenged. Some may argue that, in the course of providing services to a child, the counselor may inadvertently
                                         "taint" the child's testimony.

                                         Taint is the term Jablonski (as cited in Commonwealth v. Delbridge, 2003) uses to describe the implantation of
                                         false memories or the distortion of real memories through suggestive interview techniques. While there is no way
                                         to fully guard against the challenges of taint, there are steps that sexual assault centers can take to decrease the
                                         likelihood that communication between a child and a sexual assault counselor will be called into question.

                                         Recommendations

                                         First, it is important for the counselor/advocate to be knowledgeable about the difference between a
                                         forensic or investigative interview and a counseling interview.
                                         When conducting a forensic interview, specially trained interviewers elicit detailed information from the child about
                                         his/her abuse. This includes the location, frequency, and duration of the abuse as well as the identity of the
                                         perpetrator. The interview focuses on the details of the abuse and the child's ability to recall those details.

                                         The focus of the counseling interview is very different from that of the forensic interview. The counseling interview
                                         is designed to evaluate a child's emotional state, to identify supportive resources, and to assist the child in
                                         healing from his/her abuse. The counselor/advocate should not elicit detailed information from the child about the
                                         specific events surrounding the abuse, but rather should concentrate on the child's feelings. Within the context of
                                         providing support to counselor/advocates, centers should provide written guidelines and recommendations for
                                         conducting a counseling interview.

                                         Second, it is important for the counselor/advocate to be familiar with the seminal research and case law
                                         on memory and suggestibility of children.
                                         Ceci & Bruck's Jeopardy in the Courtroom is an excellent resource because it examines several pivotal cases of
                                         alleged child abuse including The Kelly Michaels Case (State v. Michaels, 1988) and The Little Rascals case
                                         (State v. Robert Fulton Kelly, Jr. 1991-1992) (Ceci & Bruck, 1995). This book discusses the flawed interview
                                         techniques used by investigators in these and other cases. While counselors/advocates are not involved in the
                      investigation phase, this literature still can prove helpful in illustrating how to avoid suggestive interviewing. If a
                      counselor/advocate is called to testify, he/she clearly can explain the differences between his/her interview




A c t i o n
                      techniques and the techniques considered suggestive by experts. Jeopardy in the Courtroom is available to
                      advocates via the PCAR library (pcar.org).

                      Third, advocates who are responsible for counseling children should receive specialized training.
                      While adult counseling skills can provide a foundation for working with children, counselors need specialized
                      training and skills to respond to the unique needs of their child clients. Children may lack the language to
                      describe their feelings and experiences and they may have inner conflict if the perpetrator is a friend or relative.
                      Counselors/advocates need specialized training to address feelings the child may not understand or cannot put
                      into words.

                      Fourth, counselors/advocates should be active members of multidisciplinary teams (MDT) in their
                      communities.
                      The MDT should include the county prosecutor, law enforcement, Child Protective Services, victim services, the
                      medical community, mental health services and, if available, a Child Advocacy Center. Members of the MDT
A d v o c a c y




                      discuss the progress of current cases and how to coordinate services to best meet the needs of children. The
                      MDT should identify the responsibilities and legal requirements of each team member as well as discuss
                      conflicts that may arise between members who have different priorities. One of the greatest challenges of an
                      MDT is to balance the investigator's need for information with the counselor's confidentiality requirements.

                      Centers also need to consider how to address issues surrounding confidentiality. Some centers prefer to have a
                      blanket policy that prohibits counselors/advocates from ever asking clients to waive confidentiality. Other centers
                      consider, on a case-by-case basis, when sharing information would be in the best interest of the child. When
                      requesting a signed release from the client, it is important to have the child or the child's legal guardian sign the
                      release and specify what information is to be shared and what information should not be shared. Centers should
                      have clear policies on confidentiality and waivers.

                      Fifth, counselors/advocates who are subpoenaed should prepare for their testimony.
                      Advocates are typically successful in quashing subpoenas due to
                      counselor-client privilege in Pennsylvania. However, the following might be
                      helpful to advocates who have to testify. Specifically, they should compile a
                      list of their education, training specific to their job, and counseling
                      experience including how many children they have counseled. While the
                      substantive part of the testimony should never be rehearsed or reviewed,
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                      counselors/advocates may want to practice repeating their credentials and
                      experience so they appear confident and credible when testifying. The first
                      time a counselor/advocate appears in court can be unnerving at best. While
                      there is no way to avoid the experience, adequate training and preparation
                      can provide the foundation necessary to provide clear and concise
                      testimony.

                      References
                      Barsky, A.E. & Gould, J.W. (2002). Clinicians in Court: A Guide to Subpoenas,
                               Depositions, Testifying, and Everything Else You Need to Know. New York,
                               NY: Guilford Press, Inc.

                      Ceci, S.J. & Bruck, M. (1995). Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony.
                               Baltimore, MD: Port City Press. (Available in PCAR library, www.pcar.org.)

                      Commonwealth v. Delbridge, 578 Pa. 641, 855 A. 2d 27(2003)

						
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